Cable Television Commission_Ordinance AmendmentMasterpiece on the Mississippi
Dubuque
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All-America City
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2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to Ordinance 5 -12 Establishing the Cable Television
Commission
DATE: February 16, 2012
The City Council previously adopted Ordinance No. 5 -12 establishing the Cable
Television Commission. The Ordinance originally required publication of the names of
individuals selected for appointment to the Commission no less than thirty days before a
vote by City Council, and stated that all seven commissioners will be appointed to three
year terms simultaneously, which could result in seven vacancies in need of filling at
one time.
Assistant City Attorney Maureen Quann recommends City Council approval of an
amendment to Ordinance 5 -12, removing the publication requirement, and providing for
the subsequent appointment of commissioners on a staggered basis, appointing three
commissioners one year and four commissioners the following year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Craig Nowak, Cable TV Coordinator
Maureen Quann, Assistant City Attorney
THE CITY OF
DU1tJE MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ. ryletAvw,t,411,,et_t_
ASSISTANT CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: February 16, 2012
RE: Amendment to Ordinance 5 -12 Establishing the Cable Television
Commission
The City Council previously adopted Ordinance No. 5 -12 establishing the Cable
Television Commission (Commission). The Ordinance originally required publication of
the names of individuals selected for appointment to the Commission no less than thirty
(30) days before a vote by City Council and stated that all seven commissioners will be
appointed to three (3) year terms simultaneously, which could result in seven vacancies
in need of filling at one time.
Enclosed are a copy of Ordinance No. 5 -12 and a copy of the proposed amendment.
I recommend that an amendment to Ordinance 5 -12, removing the publication
requirement, and providing for the subsequent appointment of commissioners on a
staggered basis, appointing three commissioners one year and four commissioners the
following year, be submitted to the City Council for consideration and approval.
Enclosures
cc: Craig Nowak, Cable TV Coordinator
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL mquann @cityofdubuque.org
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. -12
AMENDING ORDINANCE NO. 5 -12 ESTABLISHING THE CABLE TELEVISION
COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION
REQUIREMENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS
FOR COMMISSION MEMBERS IN SECTION 2 -11 -7
Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows:
Sec. 2 -11 -5. Membership.
1. The Commission consists of seven (7) residents of the city, appointed by the city
council.
Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows:
Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for
terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July
1, 2015. Thereafter, each member of the Commission will hold office for three (3) years
and until such member's successor is appointed and qualified. The term of office of
each member will commence July 1 in the year in which the member is appointed.
Vacancies occurring on the Commission through death, resignation, or permanent
removal from the City will be filled by the mayor with the approval of the city council, but
such appointments will be made to fill out the unexpired term for which the appointment
is made.
Section 3. This Ordinance takes effect on publication.
Passed, approved and adopted the day of 2012.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk
EFFECT OF AMENDMENT
Sec. 2-11-5. Membership.
1. The Commission consists of seven (7) residents of the city, appointed by the city
council.
Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for
terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July
1, 2015. Thereafter, each member of the Commission will hold office for three (3) years
and until such member's successor is appointed and qualified. The term of office of
each member will commence July 1 in the year in which the member is appointed.
Vacancies occurring on the Commission through death, resignation, or permanent
removal from the City will be filled by the mayor with the approval of the city council, but
such appointments will be made to fill out the unexpired term for which the appointment
is made.
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113
ORDINANCE NO. 14 -12
AMENDING ORDINANCE NO. 5 -12 ESTABLISHING THE CABLE TELEVISION
COMMISSION BY REMOVING THE THIRTY (30) DAY PUBLICATION
REQUIREMENT IN SECTION 2 -11 -5 AND PROVIDING FOR STAGGERED TERMS
FOR COMMISSION MEMBERS IN SECTION 2 -11 -7
Section 1. Ordinance No. 5 -12, Section 2 -11 -5 is amended to read as follows:
Sec. 2 -11 -5. Membership.
1. The Commission consists of seven (7) residents of the city, appointed by the city
council.
Section 2. Ordinance No. 5 -12, Section 2 -11 -7 is amended to read as follows:
Sec. 2 -11 -7. Term. For the initial appointments, three (3) of the appointments will be for
terms ending July 1, 2014 and four (4) of the appointments will be for terms ending July
1, 2015. Thereafter, each member of the Commission will hold office for three (3) years
and until such member's successor is appointed and qualified. The term of office of
each member will commence July 1 in the year in which the member is appointed.
Vacancies occurring on the Commission through death, resignation, or permanent
removal from the City will be filled by the mayor with the approval of the city council, but
such appointments will be made to fill out the unexpired term for which the appointment
is made.
Section 3. This Ordinance takes effect on publication.
Passed, approved and adopted the 20thday of February , 2012.
Roy D. oI, Mayor
Attest:
.
Kevin S. irnstahl, City Jerk
OFFICIAL PUBLICATION
ORDINANCE NO. 5 -12
REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF
WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE B COMMUNITY TELE-
PROGRAMMING COMMISSION AND ARTICLE C CABLE REGULATORY
COMMISSION AND ADOPTING TITLE 2 BOARDS AND COMMISSIONS, ARTICLE
11 CABLE TELEVISION COMMISSION ESTABLISHING THE CABLE TELEVISION
COMMISSION
Whereas, City of Dubuque Code of Ordinances Title 11, Article 3B provides for
the Community Tele- Programming Commission; and
Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and
Whereas, the city council finds that it is in the best interest of the City of Dubuque
to merge the two previously established commissions to form one commission to be
known as the Cable Television Commission.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Articles 11 -3B and 11 -3C of
are repealed.
Section 2. The following new Title 2, Article 11 is hereby adopted:
ARTICLE 11
CABLE TELEVISION COMMISSION
2 -11 -1. Commission Created. There is hereby created a Cable Television Commission.
2 -11 -2. Purpose. The purposes of the Commission are as follows:
1. To develop, in respect to community programming and cable regulation,
policies that will govern:
a. The use and protection of equipment and facilities;
b. All training programs;
c. The priorities and scheduling for use of channel time;
d. The daily regulation and administration of the cable franchise;
e. The resolution of subscriber complaints which could not be
resolved satisfactorily by the cable manager; and,
f. Other matters pertaining to community programming or cable
services in Dubuque which may arise.
2. To develop policies and procedures regarding the public community
programming channels that will promote its nondiscriminatory, first come, first
served and equitable use in conformity with all applicable regulations and
requirements and limit such use to residents of Dubuque and their own
productions.
3. To encourage interest in and development of decidedly local community
programming.
4. To encourage cooperation and cordial relations between community
programmers, cable subscribers, and the local cable manager and the local
cable manager's staff.
5. To identify and support organization of subcommunities to be responsible
for the channels reserved for public, education, and government programming.
6. To advise the following:
a. The city manager or the city manager's designee (collectively "the
city manager ") on matters relating to community programming and the
regulation of the cable system;
b. The city council on expenditure of any funds designated by a
franchise for PEG equipment and facilities; and,
c. The city council on any matter relating to the cable franchise or
system.
7. To promulgate and administer through the city manager all policies, rules,
and procedures relating to community programming.
8. To keep abreast of developments in cable technologies, services, and
programming and to become competent in cable regulation, finances, and
standards of operation.
9. To act through the city manager as the local regulatory agent of the cable
franchise and to monitor the operation of the cable system.
10. To consult with the local cable manager on the best updating of the cable
system, services, and programming and to advise the city council on expending
the updating funds.
11. To evaluate its own proceedings and actions and all community
programming and cable related activities.
12. To provide any cable user in Dubuque the opportunity to voice a complaint
regarding the user's cable service.
2 -11 -3. Internal Organization and Rules. The Commission may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are
not in conflict with city or state code.
2 -11 -4. Procedures for Operation. All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the Commission in all its operations.
2 -11 -5. Membership.
1. The Commission consists of seven (7) residents of the city, appointed by the city
council. The mayor must publish notice of the names of persons selected for
appointment no Tess than thirty (30) days prior to a vote by the city council.
2. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. In its appointments, the city council will endeavor to achieve a broad
representation of the subcommunities and public interests which can take
advantage of dedicated channels to benefit the residents of Dubuque and to
develop a Commission versed and competent in telecommunication
administration, finances, and regulation. The city council will attempt to give
preference to applicants who are actively interested in promoting community
cable programming who possess, or are willing to acquire, video production
background, and who will relate to the spectrum of informational and cultural
needs of cable viewers of Dubuque and applicants who possess professional or
experiential backgrounds in law, finances, administration, public relations, or
telecommunication technologies.
b. Members of the Commission who represent subcommunities utilizing
dedicated channels are not be deemed to have a conflict of interest in the use of
the equipment and facilities provided for that purpose solely because of their
membership on the Commission.
2 -11 -6. Oath. Each person, upon appointment or reappointment to the Commission,
must execute an oath of office at the first meeting of the Commission following the
appointment or reappointment or at the city clerk's office any time prior to or within ten
(10) days following the first meeting of the Commission.
2 -11 -7. Term. The term of office for commissioners is three (3) years.
2 -11 -8. Vacancies. Vacancies caused by death, resignation, or otherwise must be
promptly filled by the city council for the unexpired term of office.
2 -11 -9. Officers /Organization. The Commission must choose annually, at the first
meeting of each calendar year, from its own members, a chairperson and vice
chairperson, each to serve a term of one (1) year. The Commission must fill vacancies
among its officers for the remainder of the unexpired term.
2- 11 -10. Meetings.
1. Regular Meetings. The Commission must meet not less than once each quarter.
2. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the commissioners.
3. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
4. Attendance.
a. In the event a commissioner has been absent for three (3) or more
consecutive meetings of the Commission, without being excused by the
chairperson, such absence will be grounds for the Commission to recommend to
the city council that the position be declared vacant and a replacement
appointed.
b. Attendance must be entered in the meeting minutes.
5. Minutes. A copy of the minutes of all regular and special meetings of the
Commission must be filed with the city council within ten (10) working days after the
next Commission meeting.
6. Quorum. Four (4) members of the Commission constitute a quorum for the
transaction of business. The affirmative vote of a majority of the commissioners present
and voting is necessary for the adoption of any motion or resolution.
2- 11 -11. Compensation. Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on
official Commission business within the limits established in the city administrative
policies and budget.
2- 11 -12. Removal. The city council may remove any commissioner as provided in the
Iowa Code.
2- 11 -13. Powers. The Commission has the following powers, duties, and
responsibilities:
1. To assure that cable channels, equipment, and resources dedicated and
reserved for community programming are used effectively, efficiently, and
economically to afford subcommunities and individuals of Dubuque the
opportunity to express opinions and provide information to cable users, and that
such programming is characterized by appropriateness, quality, and continuity;
and,
2. To assure full compliance with any franchises authorizing cable or video
service in the City, that the franchises be interpreted and applied to the benefit of
the City and its residents, that quality and updated services be delivered
throughout the City, and that the public interest be protected in all matters related
to the cable services delivery systems.
Section 3. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of February 2012.
Attest:
Roy D. uol, Mayor
OFFICIAL
PUBLICATION
ORDINANCE NO.14 -12
AMENDING ORDI-
NANCE NO. 5-12
ESTABLISHING THE
CABLE TELEVISION
COMMISSION BY
REMOVING THE
THIRTY (30) DAY
PUBLICATION RE-
QUIREMENT IN SEC-
TION 2 -11-5 AND
PROVIDING FOR
STAGGERED TERMS
FOR COMMISSION
MEMBERS IN SEC-
TION 2 -11 -7
Section 1. Ordinance
No. 5 -12, Section 2 -11 -5
is amended to read as
follows:
Sec. 2 -11 -5. Mem-
bership.
1. The Commission
consists of seven (7)
residents of the city, by the city
council.
Section 2. Ordinance
No. 5-12, Section 2 -11 -7
is amended to read as
follows:
Sec. 2-11-7. Term. For
the initial appoint-
ments, three (3) of the
appointments will be
for terms ending July 1,
2014 and four (4) of the
appointments will be
for terms ending July 1,
2015. Thereafter, each
member of the
Commission will hold
office for three (3)
years and until such
member's successor is
appointed and
qualified. The term of
office of each member
will commence July 1
in the year in which the
member is appointed.
Vacancies occurring on
the Commission
through death, resig-
nation, or permanent
removal from the City
will be filled by the
mayor with the
approval of the city
council, but such
appointments will be
made to fill out the
unexpired term for
which the appointment
is made.
Section 3. This
Ordinance takes effect
on publication.
Passed, approved and
adopted the 20th day
of February, 2012.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S.
Firnstahl, City Clerk
Published officially in
the Telegraph Herald
Newspaper the 9th day
of March, 2012.
/s/Kevin S. Firnstahl,
1t 3/9 City Clerk
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
- corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: March 02 & 09, 2012, and for which the charge is $17.39.
f'(,4e
Subscribed to before me, a otary Public in and for Dubuque County, Iowa,
4et ,20 /a, .
this G, day of
Notary Public in and for Dubuque County, Iowa.
MARY K. WESTER,,=`( .-R
Commission Number